3rd Annual ITA-IEL-ICC Joint Conference on International Energy Arbitration

Overview

Three premier institutions join forces to present the top energy arbitration program of 2016. The Institute for Transnational Arbitration, the Institute for Energy Law, and the International Court of Arbitration of the International Chamber of Commerce invite you to a 1½ -day program designed to meet the needs of arbitrators, in-house counsel, law firm practitioners, and independent dispute resolution professionals active or interested in energy matters.

The program will address the essential current influences on arbitration in the energy sector today with speakers whose insights on those influences assure that every minute of this program is focused on the present and future of disputes of immediate concern to attendees and their clients. The stage will be set with a keynote presentation by Chuck Davidson, Venture Partner of Quantum Energy Partners and former Chairman and CEO of Noble Energy. The conference luncheon will feature an oral history interview with one of the true leaders in the modern evolution of international arbitration, Gerald Aksen.

Showcase panels featuring in-house expertise and advisors representing the top legal minds in the sector will address issues ranging from the impact of failing states on investor-state disputes, emergency arbitrators, the paradigm shift of the proceedings surrounding the Yukos cases, the composition of tomorrow’s arbitral leaders, cybersecurity and data privacy, ethics in party representation and a head-on engagement with problems in recent damages assessments. Larry Shore of Herbert Smith Freehills will provide the annual review of significant developments, assuring a comprehensive update for attendees.

At the conclusion of the conference, a discussion forum moderated by world-recognized expert Mark Baker will draw together all threads and assure that attendees have their questions answered as well as share their own experiences.

Highlights include:

• 2015 Energy Arbitration Year in Review
• Navigating the Changing Geopolitical Landscape
• Energy Arbitrator Selection
• Emergency Proceedings in O&G Disputes
• Keynote Speaker: Charles D. Davidson, Venture Partner, Quantum Energy Partners; former Chairman/CEO, Noble Energy, Inc.
• Oral History Luncheon Interview with Gerald Aksen
• Young Lawyers Roundtable

Download the Brochure (pdf)

For more details, download the online brochure.

Conference Co-Chairs

C. Mark Baker
Global Co-Head of International Arbitration
Norton Rose Fulbright US LLP
Houston, TX

Karl Hennessee
Vice President - Public Law and Technology
Halliburton
Houston, TX

Toni D. Hennike
Vice President Legal - Exploration, Development, Drilling & Services
Hess Corporation
Houston, TX

Tuition

Early/Regular Registration Fee:
(Early Registration Ends January 1)

• $495 / $545 - Regular registration fee
• $395 / $445 - Member
• $195 / $225 - Full-time Government Employee
• $195 / $225 - Full-time Professor
• $125 / $150 - Full-time Student

Young Lawyers Winter Roundtable and Welcome Reception on January 14 only

• $75 / $100 - Regular registration fee
• $50 / $75 - ITA Young Arbitrators Initiative / IEL Young Energy Professional / ICC YAF Member
• $25 / $25 - Full-time Student

Schedule and Faculty

• Download Faculty Bios (pdf)

Thursday, January 14

2:30 pm

Registration

3:00 pm

Welcome

• Wendy F. Daboval, IEL Chair, Vice President and General Counsel, Land, Chevron North America Exploration and Production Company, Houston
• Rocío Digón, Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York
• Abby Cohen Smutny, ITA Chair, White & Case LLP, Washington, DC

Winter Roundtable

Presented by the IEL Young Energy Professionals, ITA Young Arbitrators Initiative and the ICC Young Arbitrators Forum

3:05 pm

Welcome to the Roundtable

Roundtable Co-Chairs:

• Robert Carlton, IEL YEP Representative, Haynes and Boone, LLP, Houston
• Teresa Garcia Reyes, ICC YAF Representative, Senior Counsel - Litigation, GE Oil & Gas, Houston
• Silvia Marchili, ITA YAI Vice Chair, King & Spalding LLP, Houston

3:10 pm

Ethics and the IBA Guidelines on Party Representation

In today’s increasingly globalized legal market, attorneys from different corners of the world often have different interpretations of attorney conflict principles. The IBA recently revised its Guidelines on Party Representation in an attempt to remove uncertainty and standardize party representation rules in international arbitration. This session addresses questions including: What conflict issues may arise in the practice of international arbitration? How have practitioners responded to the IBA Guidelines since their adoption? Have they been a game-changer or a non-event? Have parties and attorneys been implementing their suggestions?

Moderator:

• Silvia Marchili, King & Spalding LLP, Houston

Panelists:

• Kelly Herrera, Senior Counsel, Arbitrations, ConocoPhillips Company, Houston
• Soledad G. O'Donnell, Mayer Brown, Houston
• Ina C. Popova, Debevoise & Plimpton, New York

4:00 pm

Cybersecurity and Data Privacy

This session analyzes the impact of recent breaches of cybersecurity and data privacy on the arbitration community. Who is most at risk of being faced with a security breach -- arbitrators, tribunals, law firms, or parties themselves? Are there lessons to be learned from the recent investment arbitration breaches that may be applied to commercial arbitration? How may such breaches be avoided in the future?

Moderator:

• Robert Carlton, Haynes and Boone, LLP, Houston

Panelists:

• Melinda L. McLellan, BakerHostetler, New York
• Jennifer Permesly, Chaffetz Lindsey LLP, New York
• Jonathan Fairtlough, Managing Director, Cyber Security and Investigations, Kroll, Los Angeles

5:00 pm

Welcome Reception

7:00 - 9:00 pm

ITA-IEL-ICC Joint Conference Reception and Dinner

Optional for all Joint Conference Registrants, Faculty and Members of the Sponsoring Organizations
Omni Houston Hotel

(Please indicate on the registration form if you wish to attend – ticket price: $115 per person)

Friday, January 15, 2016

7:45 - 8:45 am

Young Lawyers Networking Breakfast

For members of the ITA Young Arbitrators Initiative (YAI), the IEL Young Energy Professionals (YEP), the ICC Young Arbitrators Forum (YAF) and other young lawyers interested in international energy arbitration.

8:00 am

Registration and Continental Breakfast

9:00 am

Welcome Back

Conference Co-Chairs:

• C. Mark Baker, Global Co-Head of International Arbitration, Norton Rose Fulbright US LLP, Houston
• Karl Hennessee, Vice President - Public Law and Technology, Halliburton, Houston

9:05 am

Keynote Presentation: The Future of International Energy – Weaving Through the Maze of Commercial and Political Risk

• Charles D. "Chuck" Davidson, Venture Partner, Quantum Energy Partners, Former Chairman and CEO, Noble Energy, Inc., Houston

9:30 am

Navigating the Changing Geopolitical Landscape During an Energy Dispute - Balancing the Political and Arbitral Developments in Regard to Iran, Iraq, Russia, Libya, Syria and ISDS Issues with Failed or Failing States

This panel will address the geopolitical issues surrounding energy disputes in Iran, Iraq, Russia, Syria and Libya, and their implications for international arbitration. Are Iraq, Syria, and Libya failed states? If so, with whom does one negotiate? Do these states have BITs that can be accessed today? Is international arbitration a valid forum for resolving these disputes? The panel will address concrete problems and real examples. What are the implications for international arbitration of the sanctions regimes involving Iran and Russia? Is the situation progressing or regressing? The panel will discuss instances of political sanctions in international arbitration, including the Libyan Sun Oil case from the 1980s.

Moderator:

• James E. Castello, King & Spalding International LLP, Paris

Panelists:

• Suzana M. Blades, Managing Counsel of Arbitrations, ConocoPhillips, Houston
• James L. Loftis, Vinson & Elkins RLLP, London
• Marc D. Veit, LALIVE, Zurich

10:20 am

Break

10:40 am

Does Yukos Change the Paradign of Investment Arbitration?

Beyond the hyperbole, what do the Yukos Awards bring to the investment arbitration field? Is it a sui generis case decided on its (highly unusual) facts, or one that takes the treatment of the Energy Charter Treaty and the treatment of damages in a new direction? How politicized, if at all, may we consider the Tribunal’s decisions? Does it matter, as is being alleged in the challenge pending before the Dutch Courts, that the Tribunal Secretary drafted the Award, rather than the Tribunal itself?

Moderator:

• Sophie Nappert, 3VB, London

Panelists:

• Professor Julián Cárdenas García, University of Houston
• Alexandra Dosman, Executive Director, New York International Arbitration Center, New York
• Roman Khodykin, Berwin Leighton Paisner LLP, London

11:25 am

2015 Year in Review: The Top 10 Developments in International Energy Arbitration

This presentation will consider both investor-state and contractual disputes in the energy sector. It will cast an eye over the wide range of matters that have come before arbitral tribunals in 2015, and will attempt to identify the ten special rulings and industry trends that will have the most important influence on energy arbitration in 2016 and beyond.

• Laurence Shore, Herbert Smith Freehills New York LLP, New York

12:00 pm

Luncheon

A Conversation with

Gerald Aksen, Arbitrator & Mediator, New York

With

Andrea K. Bjorklund, L. Yves Fortier Chair in International Arbitration, and International Commercial Law, McGill University Faculty of Law, Montreal

1:45 pm

Arbitration's "Usual Suspects" - Myth or Reality?

Is the stereotype of the same few arbitrators routinely receiving arbitrator appointments a reality or a misconception? Who will become tomorrow’s leading arbitrators, and how are they being developed? Will a public forum for evaluating an arbitrator’s performance help diversify choices and improve performance? Who is ultimately responsible for the quality of an appointed arbitrator?

Moderator:

• Karl Hennessee, Vice President - Public Law and Technology, Halliburton, Houston

Panelists:

• Rocío Digón, Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York
• Louis B. Kimmelman, Sidley Austin LLP, New York
• Michael L. Morkin, Baker & McKenzie LLP, Chicago

2:30 pm

Emergency Arbitrator Proceeding in Oil & Gas Disputes

Since their appearance just a few years ago, emergency arbitrator provisions are now a mainstay of the leading arbitration rules worldwide. What utility can emergency arbitrators have in oil and gas cases? What standards and procedures govern the granting of emergency relief? Do courts enforce emergency arbitrator rulings? A panel of experienced practitioners and arbitrators will address these and other questions relating to emergency arbitration.

Moderator:

• Kevin O'Gorman, Norton Rose Fulbright US LLP, Houston

Panelists:

• Rocío Digón, Managing Director and Counsel, ICC International Court of Arbitration, SICANA, Inc., New York
• Mark W. Friedman, Debevoise & Plimpton LLP, New York
• Aníbal Sabater, Chaffetz Lindsey LLP, New York

3:10 pm

Break

3:30 pm

Damages Awards in Energy Disputes

This panel will address the questions that often arise following the notification of an award on damages in investor-state arbitration. Specific topics to be considered include why tribunals may encounter difficulties in assessing damages, recent trends in damages awards in international arbitration and the investor’s perspective on problematic damages awards.

Moderator:

• Steve Davidson, Steptoe & Johnson LLP, Washington, DC

Panelists:

• Francisco Balduzzi, Senior Counsel - Latin America, Wood Group, Houston
• Andrew Flower, Global Head of Dispute Consulting, Deloitte LLP, Paris
• Prof. John Y. Gotanda, Villanova University School of Law, Villanova, PA

4:15 pm

ITA-IEL-ICC FORUM

The Forum is an open informal discussion providing the opportunity for arbitrators, arbitration counsel and in-house counsel to share experiences and raise concerns in transnational arbitration in an off-the-record unstructured dialogue format. The agenda for the Forum is determined by the participants, by pre-submitted questions and topics and by spontaneous remarks at the event. Registrants will receive instructions on how to submit questions or topics for discussion at the Forum.

Moderator: C. Mark Baker, Global Co-Head of International Arbitration, Norton Rose Fulbright US LLP, Houston

5:00 pm

Closing Remarks

Saturday, January 16, 2016

Houston Networking Adventure
Optional – Ticket Price $95

• Houston Museum District
• Houston Museum of Natural Sciences
• Wild West Houston

Join us for a relaxed Saturday afternoon visit to the #1 of 223 things to do in Houston according to TripAdvisor: the Houston Museum of Natural Sciences in the Houston Museum District, with its renowned Weiss Energy Hall, Burke Baker Planetarium and more, followed by a totally informal Tex-Mex dinner.

Please indicate on the registration form if you wish to attend – ticket price: $95 per person.

CLE Credit

MCLE Credit

This program is approved by the State Bar of Texas for 7.0 hours, including .75 hour of ethics. Course ID Number: 901338206. Credit hours for other states will vary and are subject to each state’s approval and credit rounding rules.

For this conference, ITA & IEL will directly apply (if requested) for course accreditation in the following states: California, Minnesota, New Mexico, Ohio, Oklahoma, Pennsylvania, Texas and Virginia. Some of these states may not approve a program for credit hours before the program occurs. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. ITA & IEL conferences are typically accredited by all mandatory CLE states.

Sponsorship Opportunities

Conference Dinner - $12,000 as exclusive sponsor or $4,000 as general sponsor (up to three sponsors max)
at the Omni Houston Hotel

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Joint Conference Dinner on the conference website, in the brochure, in e-marketing and at the conference
• 3 free Joint Conference registrations (all events) and 2 discounted registrations (20% off)
• 2 complimentary guests at the Reception and Dinner
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

Conference Luncheon - $8,000 as exclusive sponsor or $3,000 as general sponsor (up to three sponsors max)

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Luncheon on the conference website, in the conference brochure, in e-marketing and at the conference
• 2 free Joint Conference registrations (all events) and 1 discounted registration (20% off)
• 2 complimentary guests at the Luncheon
• 1 exhibition table for promotional materials
• Name/logo on the conference website with link to company page

Welcome Reception - $7,000 as exclusive sponsor or $2,500 as general sponsor (up to three sponsors max)

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Welcome Reception on the conference website, in the conference brochure, in e-marketing and at the conference
• 1 free Joint Conference registration (all events) and 1 discounted registration (20% off)
• 2 complimentary guests at the Welcome Reception
• Space for promotional materials
• Name/logo on the conference website with link to company page

Conference Coffee Breaks - $5,000 as exclusive sponsor or $2,000 as general sponsor (up to three sponsors max)

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor on the conference website, in the conference brochure, in e-marketing and at the conference
• 2 discounted conference registrations (20% off)
• Space for promotional materials at the conference
• Name/logo on the conference website with link to company page

Young Lawyers Roundtable - $1,500 (up to three sponsors max)
Presented by the ITA Young Arbitrators Initiative, the IEL Young Energy Professionals and the ICC Young Arbitrators Forum

• Exposure to ITA, IEL and ICC constituents
• Recognition as a sponsor of the Roundtable on the conference website, in the conference brochure, in e-marketing and at the conference
• 1 free Joint Conference registration (all events)
• 1 complimentary guest at the Welcome Reception
• Space for promotional materials at the Roundtable
• Name/logo on the conference website with link to company page

Exhibitor - $1,500

• Exposure to ITA, IEL and ICC constituents
• Space for promotional materials at the conference
• Name/logo on the conference website with link to company page

Hotel Information

The cost of housing is not included in tuition. However, rooms (in limited number) have been reserved at the Omni Houston Galleria Hotel, 4 Riverway, Houston, TX 77056. Registrants should call 1.888.444.OMNI and advise them of room block "ITA-IEL-ICC Joint Conference" to receive a reduced room rate of $175 + applicable taxes/night. The last day to obtain this special rate is December 21, 2015.

BOOK HOTEL ONLINE

Other Information

Nondiscriminatory Policy

The Center for American and International Law does not discriminate on the basis of race, color, sex, religion, national origin, age, disability, veteran status or any other protected status in educational activities, scholarship programs or admissions.

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We do not sell or rent information to any outside parties. By providing your information, you will receive postal and electronic communications from the Institute for Transnational Arbitration (ITA) of The Center for American and International Law (CAIL) in accordance with CAIL's Privacy Policy. If we co-sponsor a program with another organization, information may be shared between the parties. All such co-sponsors will be identified on the event details and registration page. At any point, you can opt-out or unsubscribe by selecting either link at the bottom of each email or call us at 972.244.3400.